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Factors Which Influence the Sentencing of Domestic Violence Offenders Clare Ringland and Jacqueline Fitzgerald

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Factors Which Influence the Sentencing of Domestic Violence Offenders Clare Ringland and Jacqueline Fitzgerald NSW Bureau of C rim e B ureau Brief Statistics and Research Issue paper no. 48 July 2010 Factors which influence the sentencing of domestic violence offenders Clare Ringland and Jacqueline Fitzgerald Aim: To show the pattern of sentencing for a range of domestic violence offences in the NSW Local and District Criminal Courts, and identify the characteristics which influence whether offenders guilty of domestic violence- related assault receive a sentence of imprisonment. Method: Data were sourced from the NSW Bureau of Crime Statistics and Research’s recorded criminal incident database and Reoffending Database. Domestic violence-related offences finalised in NSW Local and District Courts between January 2008 and June 2009 were identified by reference to the original police report and the use of domestic violence-specific law part codes. A multivariable model was developed to identify the factors influential in the sentencing of domestic assault offenders. Results: Offenders found guilty of a domestic violence-related assault are more likely to receive a prison sentence if: the assault caused significant harm, the offender has a concurrent offence at the court appearance, a prior prison episode, a prior conviction for a violent offence, has breached an AVO in the previous two years, is male or Indigenous. Conclusion: Domestic violence appears before the courts in many forms, from the most serious assaults to property damage and offensive language. The penalties received for these offences are equally diverse. The factors which influence whether a domestic violence-related assault offender will be sentenced to prison generally reflect the severity of the offence and the criminal history of the offender. INTRODUCTION 2. What factors influence whether people guilty of domestic violence-related assault receive a prison sentence? In 2005, approximately .4 per cent of adult women in Australia had experienced a physical assault perpetrated by either their In answering the first question we have considered offences of current or former partner in the previous 2 months. Of the assault as well as other common offences arising from domestic women who had experienced a physical assault, 37 per cent violence incidents, including breaching apprehended violence reported the incident to police (ABS 2006). In 2009, the New orders (AVOs), property damage, stalking and intimidation, South Wales Police Force recorded 26,000 incidents of domestic trespass, offensive behaviour and offensive language. In violence-related assault. In the same year the NSW Police Force answering the second question we have considered the commenced court proceedings against nearly 6,000 people influence of a range of personal and criminal justice factors in for domestic violence-related assault incidents. sentencing. While the occurrence, prevalence and characteristics of domestic violence are major areas of inquiry, less attention has METHOD been directed to what happens to these offenders when they Data sources and study sample reach the courts. One reason for this is that, up until recently, charges laid in NSW in response to an assault in a domestic This study draws upon data contained in databases built and context have been indistinguishable from those arising out of maintained by the NSW Bureau of Crime Statistics and Research. assault incidents not involving domestic violence. By matching These databases include criminal incidents recorded by the court records back to their original police incident and by using NSW Police Force, court appearances finalised in the NSW some new domestic violence-specific law part codes2 it has criminal courts and the NSW Bureau of Crime Statistics and been possible to identify court proceedings that have arisen Research Reoffending Database (ROD). from incidents which are domestic violence-related. Aim Historically, court data has not indicated whether offences are domestic violence-related. As a result, it has been difficult to Two questions are addressed in this brief: track the outcomes of charges arising out of domestic violence . What sentences do people convicted of domestic violence incidents. This problem has been addressed recently in NSW offences receive? legislation with the commencement in March 2008 of over one Table 1. Principal penalty received for domestic violence-related offences most commonly appearing in NSW Local and District Courts Stalk/ intimidate Use carriage Armed with Assault with intent service to intent to Recklessly Enter occasioning Destroy or to cause fear menace/ Recklessly commit cause Behave in inclosed Common actual bodily damage of physical/ harass/ wound any indictable grievous offensive Use offensive land without assault Breach AVO harm property mental harm offend other person offence bodily harm manner language Affray lawful excuse Penalty n % n % n % n % n % n % n % n % n % n % n % n % n % Imprisonment 530 7.2 802 6.9 6 7.6 82 3.6 56 .9 4 3. 47 37.9 27 40.9 32 60.4 2. 9 20.5 Home detention 0.0 Periodic detention 35 0.5 39 0.8 46 .3 5 0.2 8 0.6 3 2.4 3 5.7 Suspended sentence with supervision 294 4.0 348 7.3 264 7.6 66 2.9 96 7.3 2 .6 2 6.9 9 3.6 7 3.2 2 4.5 Suspended sentence without supervision 68 2.3 88 4.0 44 4.2 42 .8 45 3.4 4 3. 7 5.6 2 3.0 .9 2 4.5 2.3 2 Community service order 226 3. 9 4.0 90 5.5 65 2.8 53 4. 3 2.4 8.9 2 3.0 3 5.7 6 3.6 Bond with supervision ,34 5.4 62 3. 588 7.0 32 3.6 226 7.3 0 7.9 3 0.5 6.7 2 3.8 5 0.4 2. 3 6.8 Bond without supervision 2,77 29.6 ,06 2.4 ,0 29. 487 2.2 440 33.7 37 29. 9 5.3 3 9.7 5 9.4 4 8.3 0 22.7 Fine ,006 3.7 808 7. 233 6.7 656 28.5 3 0.0 25 9.7 0.8 29 60.4 40 83.3 5 .4 30 69.8 Nominal sentence 50 0.7 84 3.9 2 0.3 35 .5 8 0.6 2 4.2 3 6.3 3 7.0 Bond without conviction ,40 9. 33 7.0 37 9. 38 6.6 9 9. 32 25.2 2 .6 2 3.0 3 6.3 2. 7 5.9 7 6.3 No conviction recorded 324 4.4 208 4.4 52 .5 66 7.2 24 .8 0 7.9 4 8.3 3 6.3 3 7.0 No action taken 6 0. 0.0 2 0. 0. Total 7,35 00.0 4,737 00.0 3,469 00.0 2,299 00.0 ,307 00.0 27 00.0 24 00.0 66 00.0 53 00.0 48 00.0 48 00.0 44 00.0 43 00.0 Note. The Appendix contains more information about these offences (Table A), and the penalties received (Table A2) Table 2. Description of sentences of imprisonment received for domestic violence-related offences, January 2008 to June 2009 Duration (months) Offence type n mean median minimum maximum Common assault (N=7,35) 530 4.64 4 0.7 8.00 Breach AVO/order (N=4,737) 802 4.7 4 0.03 24.00 Assault occasioning actual bodily harm (N=3,469) 6 7.35 6 0.03 36.00 Destroy or damage property (N=2,299) 82 4.24 3 0.23 8.00 Stalk or intimidate with intent to cause fear of physical or mental harm 56 5.36 5 0.23 5.00 (N=,307) Recklessly wound any other person (N=24) 47 0.38 0 2.00 24.00 Armed with intent to commit an indictable offence (N=66) 27 7.48 6 3.00 8.00 Recklessly cause grievous bodily harm (N=53) 32 2.57 2 3.00 30.00 Note. Descriptive statistics for all penalty types are in Table A2 of the Appendix. hundred specific domestic violence versions of many personal to examine the effect of demographic characteristics, offence crimes. For instance prosecuting agencies can now identify seriousness, concurrent offences, prior criminal history, and an offence as Common Assault – Domestic Violence separately other legal considerations on the likelihood of imprisonment. from the standard Common Assault (both s6 Crimes Act 1900). Unadjusted effects were examined before developing a Unfortunately, the new law only affects crimes occurring since multivariable model. The demographic characteristics March 2008. Even then, not all domestic violence-related considered were age, sex and Indigenous status. The small court appearances are being coded as such. We have therefore proportion of those with unknown Indigenous status were employed an additional method to ensure that we have a considered ‘Non-Indigenous’ for the purpose of the analyses.4 reasonably complete record of domestic violence offences in Three levels of offence seriousness were used: common the courts. assault (the least serious), assault occasioning actual bodily NSW Police flag whether criminal incidents that they record harm (moderate seriousness), and recklessly cause grievous on their COPS (Computerised Operational Policing System) bodily harm or recklessly wound any other person (the most database are domestic violence-related. To determine which serious). Concurrent offences were examined by the inclusion court appearances arose from domestic violence incidents, of a variable that categorised the number of concurrent for this study, we linked court records back to their originating offences, and a second variable indicating whether there police incident record. In most cases it was possible to do this was a concurrent breach of an apprehended violence order using the police charge number, which is a number assigned (defined by ASOC code).
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